KS
Kansas Senate Bill SB208

Kansas 2025-2026 Regular Session

Kansas Senate Bill SB208 Compare Versions

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11 Session of 2025
22 SENATE BILL No. 208
33 By Committee on Federal and State Affairs
44 2-5
55 AN ACT concerning children and minors; relating to the revised Kansas
66 juvenile justice code; prohibiting the use of any prone restraint on a
77 juvenile who is in custody at a juvenile detention facility or juvenile
88 correctional facility or being assessed as part of the juvenile intake and
99 assessment system; amending K.S.A. 2024 Supp. 38-2302 and
1010 repealing the existing section.
1111 Be it enacted by the Legislature of the State of Kansas:
1212 New Section 1. (a) No person shall use any prone restraint on a
1313 juvenile who is:
1414 (1) In custody at a juvenile correctional facility or juvenile detention
1515 facility; or
1616 (2) being assessed as part of the juvenile intake and assessment
1717 system established pursuant to K.S.A. 75-7023, and amendments thereto.
1818 (b) This section shall be a part of and supplemental to the revised
1919 Kansas juvenile justice code.
2020 Sec. 2. K.S.A. 2024 Supp. 38-2302 is hereby amended to read as
2121 follows: 38-2302. As used in this code, unless the context otherwise
2222 requires:
2323 (a) "Commissioner" means the secretary of corrections or the
2424 secretary's designee.
2525 (b) "Community supervision officer" means any officer from court
2626 services, community corrections or any other individual authorized to
2727 supervise a juvenile on an immediate intervention, probation or
2828 conditional release.
2929 (c) "Conditional release" means release from a term of commitment
3030 in a juvenile correctional facility for an aftercare term pursuant to K.S.A.
3131 38-2369, and amendments thereto, under conditions established by the
3232 secretary of corrections.
3333 (d) "Court-appointed special advocate" means a responsible adult,
3434 other than an attorney appointed pursuant to K.S.A. 38-2306, and
3535 amendments thereto, who is appointed by the court to represent the best
3636 interests of a child, as provided in K.S.A. 38-2307, and amendments
3737 thereto, in a proceeding pursuant to this code.
3838 (e) "Detention risk assessment tool" means a risk assessment
3939 instrument adopted pursuant to K.S.A. 75-7023(f), and amendments
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7676 thereto, used to identify factors shown to be statistically related to a
7777 juvenile's risk of failing to appear in court or reoffending pre-adjudication
7878 and designed to assist in making detention determinations.
7979 (f) "Educational institution" means all schools at the elementary and
8080 secondary levels.
8181 (g) "Educator" means any administrator, teacher or other professional
8282 or paraprofessional employee of an educational institution who has
8383 exposure to a pupil specified in K.S.A. 72-6143(a)(1) through (5), and
8484 amendments thereto.
8585 (h) "Evidence-based" means practices, policies, procedures and
8686 programs demonstrated by research to produce reduction in the likelihood
8787 of reoffending.
8888 (i) "Graduated responses" means a system of community-based
8989 sanctions and incentives developed pursuant to K.S.A. 75-7023(h) and 38-
9090 2392, and amendments thereto, used to address violations of immediate
9191 interventions, terms and conditions of probation and conditional release
9292 and to incentivize positive behavior.
9393 (j) "Immediate intervention" means all programs or practices
9494 developed by the county to hold juvenile offenders accountable while
9595 allowing such offenders to be diverted from formal court processing
9696 pursuant to K.S.A. 38-2346, and amendments thereto.
9797 (k) "Institution" means the Larned juvenile correctional facility and
9898 the Kansas juvenile correctional complex.
9999 (l) "Investigator" means an employee of the department of corrections
100100 assigned by the secretary of corrections with the responsibility for
101101 investigations concerning employees at the juvenile correctional facilities
102102 and juveniles in the custody of the secretary of corrections at a juvenile
103103 correctional facility.
104104 (m) "Jail" means:
105105 (1) An adult jail or lockup; or
106106 (2) a facility in the same building as an adult jail or lockup, unless the
107107 facility meets all applicable licensure requirements under law and there is:
108108 (A) Total separation of the juvenile and adult facility spatial areas such that
109109 there could be no haphazard or accidental contact between juvenile and
110110 adult residents in the respective facilities; (B) total separation in all
111111 juvenile and adult program activities within the facilities, including
112112 recreation, education, counseling, health care, dining, sleeping and general
113113 living activities; and (C) separate juvenile and adult staff, including
114114 management, security staff and direct care staff such as recreational,
115115 educational and counseling.
116116 (n) "Juvenile" means a person to whom one or more of the following
117117 applies, the person: (1) Is 10 or more years of age but less than 18 years of
118118 age; (2) is alleged to be a juvenile offender; or (3) has been adjudicated as
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162162 a juvenile offender and continues to be subject to the jurisdiction of the
163163 court.
164164 (o) "Juvenile correctional facility" means a facility operated by the
165165 secretary of corrections for the commitment of juvenile offenders.
166166 (p) "Juvenile corrections officer" means a certified employee of the
167167 department of corrections working at a juvenile correctional facility
168168 assigned by the secretary of corrections with responsibility for maintaining
169169 custody, security and control of juveniles in the custody of the secretary of
170170 corrections at a juvenile correctional facility.
171171 (q) "Juvenile detention facility" means a public or private facility
172172 licensed pursuant to article 5 of chapter 65 of the Kansas Statutes
173173 Annotated, and amendments thereto, which is used for the lawful custody
174174 of alleged or adjudicated juvenile offenders.
175175 (r) "Juvenile intake and assessment worker" means a responsible
176176 adult trained and authorized to perform intake and assessment services as
177177 part of the intake and assessment system established pursuant to K.S.A.
178178 75-7023, and amendments thereto.
179179 (s) "Juvenile offender" means a person who commits an offense while
180180 10 or more years of age but less than 18 years of age which if committed
181181 by an adult would constitute the commission of a felony or misdemeanor
182182 as defined by K.S.A. 21-5102, and amendments thereto, or who violates
183183 the provisions of K.S.A. 41-727, 74-8810(j) or 21-6301(a)(14), and
184184 amendments thereto, but does not include:
185185 (1) A person 14 or more years of age who commits a traffic offense,
186186 as defined in K.S.A. 8-2117(d), and amendments thereto;
187187 (2) a person 16 years of age or over who commits an offense defined
188188 in chapter 32 of the Kansas Statutes Annotated, and amendments thereto;
189189 or
190190 (3) a person under 18 years of age who previously has been:
191191 (A) Convicted as an adult under the Kansas criminal code;
192192 (B) sentenced as an adult under the Kansas criminal code following
193193 termination of status as an extended jurisdiction juvenile pursuant to
194194 K.S.A. 38-2364, and amendments thereto; or
195195 (C) convicted or sentenced as an adult in another state or foreign
196196 jurisdiction under substantially similar procedures described in K.S.A. 38-
197197 2347, and amendments thereto, or because of attaining the age of majority
198198 designated in that state or jurisdiction.
199199 (t) "Law enforcement officer" means any person who by virtue of that
200200 person's office or public employment is vested by law with a duty to
201201 maintain public order or to make arrests for crimes, whether that duty
202202 extends to all crimes or is limited to specific crimes.
203203 (u) "Overall case length limit" when used in relation to a juvenile
204204 adjudicated a juvenile offender means the maximum jurisdiction of the
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248248 court following disposition on an individual case. Pursuant to K.S.A. 38-
249249 2304, and amendments thereto, the case and the court's jurisdiction shall
250250 terminate once the overall case length limit expires and may not be
251251 extended.
252252 (v) "Parent" when used in relation to a juvenile, includes a guardian
253253 and every person who is, by law, liable to maintain, care for or support the
254254 juvenile.
255255 (w) "Probation" means a period of community supervision ordered
256256 pursuant to K.S.A. 38-2361, and amendments thereto, overseen by either
257257 court services or community corrections, but not both.
258258 (x) "Prone restraint" means the use of manual restraint that places a
259259 person in a face-down position.
260260 (y) "Reasonable and prudent parenting standard" means the standard
261261 characterized by careful and sensible parental decisions that maintain the
262262 health, safety and best interests of a child while at the same time
263263 encouraging the emotional and developmental growth of the child, that a
264264 caregiver shall use when determining whether to allow a child in foster
265265 care under the responsibility of the state to participate in extracurricular,
266266 enrichment, cultural and social activities.
267267 (y)(z) "Reintegration plan" means a written document prepared in
268268 consultation with the child's parent or guardian that:
269269 (1) Describes the reintegration goal, which, if achieved, will most
270270 likely give the juvenile and the victim of the juvenile a permanent and safe
271271 living arrangement;
272272 (2) describes the child's level of physical health, mental and
273273 emotional health and educational functioning;
274274 (3) provides an assessment of the needs of the child and family;
275275 (4) describes the services to be provided to the child, the child's
276276 family and the child's foster parents, if appropriate;
277277 (5) includes a description of the tasks and responsibilities designed to
278278 achieve the plan and to whom assigned;
279279 (6) includes measurable objectives and time schedules for achieving
280280 the plan; and
281281 (7) if the child is in an out of home placement:
282282 (A) Provides a statement for the basis of determining that
283283 reintegration is determined not to be a viable option if such a
284284 determination is made and includes a plan for another permanent living
285285 arrangement;
286286 (B) describes available alternatives;
287287 (C) justifies the alternative placement selected, including a
288288 description of the safety and appropriateness of such placement; and
289289 (D) describes the programs and services that will help the child
290290 prepare to live independently as an adult.
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334334 (z)(aa) "Risk and needs assessment" means a standardized instrument
335335 administered on juveniles to identify specific risk factors and needs shown
336336 to be statistically related to a juvenile's risk of reoffending and, when
337337 properly addressed, can reduce a juvenile's risk of reoffending.
338338 (aa)(bb) "Secretary" means the secretary of corrections or the
339339 secretary's designee.
340340 (bb)(cc) "Technical violation" means an act that violates the terms or
341341 conditions imposed as part of a probation disposition pursuant to K.S.A.
342342 38-2361, and amendments thereto, and that does not constitute a new
343343 juvenile offense or a new child in need of care violation pursuant to K.S.A.
344344 38-2202(d), and amendments thereto.
345345 (cc)(dd) "Warrant" means a written order by a judge of the court
346346 directed to any law enforcement officer commanding the officer to take
347347 into custody the juvenile named or described therein.
348348 (dd)(ee) "Youth residential facility" means any home, foster home or
349349 structure which provides 24-hour-a-day care for juveniles and which is
350350 licensed pursuant to article 5 of chapter 65 or article 70 of chapter 75 of
351351 the Kansas Statutes Annotated, and amendments thereto.
352352 (ee)(ff) "Behavioral health crisis" means behavioral and conduct
353353 issues that impact the safety or health of a juvenile, members of the
354354 juvenile's household or family or members of the community, including,
355355 but not limited to, non-life threatening mental health and substance abuse
356356 concerns.
357357 Sec. 3. K.S.A. 2024 Supp. 38-2302 is hereby repealed.
358358 Sec. 4. This act shall take effect and be in force from and after its
359359 publication in the statute book.
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